State v. . Guice

The only question presented on this appeal: Did the court below, after the State had rested its case, over objection of defendant, who made a motion for judgment of nonsuit, O. S., 4643, have the discretion to withdraw a juror and order a mistrial? We think so.

In misdemeanors, and all cases of felonies not capital, tbe court below bas tbe discretion to order a mistrial and discharge a jury before verdict in furtherance of justice and tbe court need not find facts constituting tbe necessity for such discharge, and ordinarily tbe action is not reviewable. In capital felonies tbe facts must be…